January 10, 2022
"Office Depot" and “We” mean Office Depot, LLC., a Delaware limited liability company, including its subsidiaries, parent companies, or affiliates. "Customer," "You," or "Your" means the party purchasing from Office Depot any goods or services through the Internet, telephone, fax, catalog, mail, or hand-delivery.
Payment terms shall be net twenty (20) days from date of invoice or date of purchase if no invoice is provided.
Customer's credit limit shall be established by Office Depot. Office Depot reserves the right to lower Customer's credit limit or refuse to ship any orders.
DISCLAIMER OF WARRANTIES
Office Depot disclaims any and all warranties to the fullest extent permitted by law, including any implied warranties, the warranty of fitness for a particular purpose, and the warranty of merchantability.
LIMITATION OF LIABILITY
Customer agrees that: IN NO EVENT SHALL OFFICE DEPOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES (COLLECTIVELY “DAMAGES”), INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF OFFICE DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OFFICE DEPOT’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
With respect to pricing, Office Depot's cost of goods is calculated without deduction or otherwise giving effect to program, purchase incentives, rebates and other benefits potentially provided to Office Depot, and may include an additional allocation for certain costs and expenses incurred by Office Depot in connection with such products. Office Depot reserves the right to impose margin-based pricing to ensure minimum profitability thresholds. Office Depot updates pricing and product and service assortments on a regular basis as a result of a variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change Customer's pricing and product assortment at any time without notice. Manufacturer list prices are set by the manufacturer and are provided by either wholesale distributors or the manufacturer directly, as applicable. Promotion pricing, including, but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings that is available on www.officedepot.com, is not available for orders placed on www.business.officedepot.com.
Office Depot shall have the right to withhold the sale and/or delivery of any products or services in its sole discretion, including, but not limited to, for reasons arising from industry constraints and/or market conditions. If tariffs or other similar charges are levied on products being purchased by You, then Office Depot may impose a surcharge or other fee for such products. Office Depot also reserves the right to substitute private-brand or other equivalent products as part of Your order.
For compliance with select California and Texas laws and for financial reporting purposes, all sales shipped to California and Texas customers are made by eDepot, LLC, a wholly-owned subsidiary of Office Depot, LLC. California sales are F.O.B. destination point. Texas sales tax is based on the location where the order was received.
FURNITURE DELIVERY RATES AND POLICIES (Excluding Special Orders)
FURNITURE DELIVERY FEES
Due to location and shipping distances, delivery fees may vary and will be noted at checkout. Delivery fees are subject to change without notice.
SPECIAL ORDER DELIVERY RATES AND POLICIES (Manufacturer Direct)
LARGE TECHNOLOGY ITEM
REFUNDS AND EXCHANGES
Your complete satisfaction is our primary concern.
At Office Depot, we want to be sure that every purchase is the right one for You. If You are dissatisfied with Your purchase for any reason, You may return most items in their original packaging within 30 days of purchase for a replacement or full refund.
In the event an item that was initially offered is discontinued by Office Depot or its supplier, Office Depot will use commercially reasonable efforts to replace such discontinued with an alternative item that is available within Office Depot's stocked inventory. Items may be discontinued at any time, without notice to Customer.
Customer acknowledges and agrees that regarding Harmonized Tariff Schedule of the United States, U.S. Census Schedule B Export Codes, and/or country of origin information (collectively, “Export Information”), Office Depot: (a) is not the manufacturer of the goods that Office Depot sells to Customer; (b) is not required to provide any Export Information to Customer; (c) does not independently verify any Export Information that Office Depot receives from its suppliers; (d) does not represent or warrant the accuracy of any Export Information; and (f) provides Export Information only as of the date Office Depot received it from Office Depot’s suppliers.
Customer agrees to comply with all applicable U.S. and non-U.S. export and import laws and regulations. Customer shall obtain any required export or import authorizations to support deliveries under this Agreement. Customer shall immediately notify Office Depot’s representative if Customer is or becomes listed in any U.S. or non-U.S. government denied-parties list or if Customer’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency.
Office Depot shall not be liable for increased costs, duties or any penalties or damages incurred by Customer as a result of deficient or erroneous documentation supplied by Customer for purposes of establishing the status of goods under any trade preference programs. Customer shall indemnify and hold harmless Office Depot from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by Customer.
All notices to Office Depot must be given in writing. Such notices shall be deemed to have been given when delivered in person, or three (3) days after being sent by certified mail, return receipt requested, postage pre-paid, or upon delivery by reputable overnight courier, all delivery charges pre-paid. Notices shall be sent to the following address: Office Depot, LLC., 6600 North Military Trail, Boca Raton, FL 33496, Attn: Office of the General Counsel.
Office Depot reserves the right to modify these Term and Conditions at any time and at its sole discretion.
Any legal determination that any of the provisions contained in these Terms and Conditions are void, invalid or unenforceable shall not affect the validity of any other provisions of these Terms and Conditions.
CHOICE OF LAW FORUM
These Terms and Conditions shall be construed and governed in accordance with the laws of the State of Florida without regard to conflict of laws principles, and any disputes or litigation arising from these Terms and Conditions shall be conducted in the state or federal courts of the State of Florida.
Office Depot shall not be considered in default in the performance of its obligations to the extent that the performance of any such obligation is prevented or delayed by any cause that is beyond its reasonable control.